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Bombay High Court Allows Appeal Against Remand Order in Specific Performance Suit — Lower Appellate Court Directed to Decide Appeal on Merits. Remand Under Order XLI Rule 23 CPC Requires Satisfaction of Conditions; Appellate Court Cannot Remand Without Deciding Appeal on Merits.

The appellant, Subhash Moralwar, filed a suit for specific performance of contract against the respondents, Vilas Wankhede and others, in the trial co...

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Bombay High Court Allows Promotion Challenge in Port Trust Service Matter — Adverse Remarks Must Be Communicated Before Being Considered for Promotion. Uncommunicated adverse remarks cannot be used to deny promotion to Assistant Traffic Manager under Article 226 of Constitution of India.

The petitioner, Manuel Lourenco D'Costa, was an employee of the Board of Trustees of the Port of Mormugao (respondent No.1). He was appointed as a Cle...

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Bombay High Court Allows Executor's Application for Probate in Will Dispute — Caveat Dismissed for Lack of Interest. Court held that a caveator claiming under an unproduced Will has no caveatable interest under Section 284 of the Indian Succession Act, 1925.

The case involves a Notice of Motion filed by Daya Subhash Tiwari, the applicant and original petitioner in a probate petition, seeking dismissal of a...

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Bombay High Court Revokes Leave to Sue in Summary Suit for Goods Sold and Delivered Due to Exclusive Jurisdiction Clause. Article 39 of the contract required all legal proceedings only in Calcutta High Court, ousting Bombay High Court's jurisdiction.

The Plaintiff, Pacific Refractories Ltd., filed a summary suit in the Bombay High Court against the Defendant, Stein Heurtey India Projects Pvt. Ltd.,...

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Bombay High Court Allows Writ Petition Challenging Land Acquisition for Lack of Personal Hearing Under Section 5A of Land Acquisition Act, 1894. Acquisition of Agricultural Land Quashed as Petitioners Were Denied Opportunity of Being Heard Before Declaration Under Section 6.

The petitioners, fifteen individuals who were owners of various agricultural lands in Loni, Taluka Warud, District Amaravati, filed a writ petition ch...

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Bombay High Court Acquits Accused in Dowry Death Case Due to Lack of Evidence of Abetment to Suicide. Conviction under Sections 498-A and 306 IPC set aside as prosecution failed to prove cruelty or instigation leading to suicide.

The appellants, Sambhaji Mahadeo Kadam (accused No.1), Mahadeo Khandu Kadam (accused No.2), and Shantabai Mahadeo Kadam (accused No.3), were convicted...